Why Lehigh County should not have to remove the cross from its seal

Contributed Photo

Lehigh County's use of its official seal has been challenged in federal court because it contains the religious symbol of a cross. The county contends that the cross is of historical, not religious, significance.

Lehigh County's use of its official seal has been challenged in federal court because it contains the religious symbol of a cross. The county contends that the cross is of historical, not religious, significance. (Contributed Photo)

Attorneys representing the county argued that the seal is constitutional and need not be censored simply because it contains religious imagery. They are absolutely right. Forcing the county to change its seal would undermine both constitutional law and American tradition.

For 70 years, the Lehigh County seal has featured a number of objects that represent the community’s unique history and culture. These are symbols of education, patriotism and industry that hold particular significance to the county’s citizens: a bison, factories, cement silos, an oil lamp set on two books, a courthouse, bunting and flags.

The seal also features a cross, which commemorates the county’s original settlers, many of whom were members of religious minorities from Germany, Holland and other nations seeking refuge in the area. They were Mennonites, Schwenkfelders, Dunkers, Moravians and Amish.

It defies common sense to argue that the image of a cross, along with the other significant symbols, on a seal compels citizens to practice Christianity or coerces religious belief of any kind. But anti-religion activists object to the image of the cross and insist that federal courts order its removal.

A federal district court judge in Pennsylvania recently seemed to recognize that this should not be the case when he argued that “[i]f the drafters’ intent and the plain text of the Establishment Clause had alone guided the evolution of modern First Amendment jurisprudence and shaped the law applicable to this case, its resolution would be cut-and-dry.”

As he also explained, “The County has not … legally compelled its citizens to practice and conform to Christianity, infringed on freedom of conscience, or created political conflict between the Christian Church and other religious sects.”

Unfortunately, the district court judge — constrained by bad precedent established by higher courts — felt compelled to conclude that the county must change its seal.

It seems that only when it comes to the Establishment Clause — that portion of the First Amendment that states, “Congress shall make no law respecting an establishment of religion” — can someone bring a lawsuit based on little more than being offended.

It strains credulity to conclude that the county “established” a religion because of a reference to the county’s history and culture.

Yet for decades, the law regarding the Establishment Clause has remained muddled, and in too many instances courts have imposed over-broad interpretations that limit references to religion in the public square. Fortunately, that has begun to change.

In recent years, federal courts have frequently upheld the constitutionality of ceremonial acknowledgments of religion, for instance in our nation’s motto, “In God We Trust,” during the Pledge of Allegiance, on our currency, and within the context of legislative prayer.

The Supreme Court acknowledged that many public recognitions of faith are “a part of our heritage and tradition” and are therefore fully compatible with the First Amendment.

The mere acknowledgement of the role religion played in the history and culture of a community does not compel any action or coerce anyone who believes differently.

In a friend-of-the-court brief that my firm, First Liberty Institute, filed in support of Lehigh County in its appeal to the U.S. Court of Appeals, we argue that removing all religious symbols from the public square would violate our tradition of recognizing the role that faith has played in the lives of many founding communities across this nation.

It would also needlessly destroy countless historical symbols and send a signal of intolerance to people of all faiths. Multiple faiths are represented in flags and seals in communities across our nation, including Mormon symbols in Utah, Aztec and Zia symbols in New Mexico, Native American symbols in Oklahoma and Alaska, and Catholic symbols in Louisiana and much of the Southwest.

The U.S. Court of Appeals for the Third Circuit has the opportunity to restore a common-sense reading of the Establishment Clause and recognize that the Supreme Court’s recent opinions mark a return to the original understanding of the Establishment Clause — protecting every American against coerced belief.

Far from establishing a religion, ceremonial recognitions of faith, especially when they commemorate a community’s founding, are fully consistent with the First Amendment.

Stephanie Taub is senior counsel to First Liberty Institute, a nonprofit law firm dedicated to defending religious freedom for all.